Family Law
At Bair Wilson Sharma, LLC our Family Law attorneys are knowledgeable, compassionate and provide the best legal advice for these difficult personal matters. We know that all of our clients come to us with unique and pressing issues that are often personally difficult for them to be dealing with, so we make every effort possible to help reduce the stress involved in the process. It is our job to worry for you so you don’t have to.
The attorneys at Bair Wilson Sharma, LLC know that family is important. We represent clients in cases involving divorce, child custody, visitation, legitimation, child support, and DFCS (Department of Family and Children Services) proceedings, and more.
Contact us now to schedule a consultation at info@BWSfirm.com
Divorce
A divorce action holds many layers that differ in impact and strain. While the decision to split paths is held between spouses, many other aspects such as children, assets, debts, and living conditions are prevalent in the process. Finding a common ground between parties that promotes fairness and equality under realistic circumstances is of the highest importance here at Bair Wilson Sharma. Our team takes pride in approaching each case with an individualized and understanding approach to achieve and protect your rights.
Child Custody/Visitation
Perhaps the most contested area of family law and divorce involves child custody. When parents separate, they must still make decisions together regarding their child. In the case of parents failing to resolve the custody/visitation or financial support of their child, a judge will make this decision for them. It is important for parents to pick their family law attorney with care in these matters.
Generally speaking, parents should focus on their child’s welfare and best interests. Ideally, parents should attempt to reach an agreement rather than going to litigation over custody/visitation. But, often parents are incapable of reaching an agreement and a judge must make that decision for them. A judge must make any decision based on the best interests of the child. You and your spouse can negotiate an arrangement that fits your family and your schedule. In Georgia, child custody and visitation are determined by what the courts define as the “best interests” standard. This is dependent upon a variety of factors listed under the statute, including:
The love, affection, bonding, and emotional ties existing between each parent and the child;
Each parent’s knowledge and familiarity of the child and the child’s needs;
The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;
The mental and physical health of each parent; each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;
Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities;
The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
Any recommendation by a court-appointed custody evaluator or guardian ad litem; and
Any evidence of family violence or sexual, mental or physical child abuse or criminal history of either parent;
Having a knowledgeable family law attorney, such as the ones here at Bair Wilson Sharma, is important to have in navigating these important situations.
Legitimation
If you are married and your wife has a child, you are automatically presumed to be the legal father of that child under Georgia law and will have all the parental rights and responsibilities that come with fatherhood. If you are unmarried, only the mother of a child born out of wedlock has legal rights to the child. An action for paternity determines the biological father of a child for child support purposes. However, it does not create legal rights between the biological father and the child. In order to be legally recognized as the father of a child, one must file for legitimation. Legitimation has the effect of establishing a legal, legitimate, parent-child relationship between the child and the putative father.
Georgia courts have a public policy of encouraging fathers to legitimate their children. This ensures that children have two parents who are legally responsible for their support, and establishes a legal relationship, allowing for information sharing, access and inheritance. Legitimation is a positive step for both parents and child. The experienced attorneys at Bair Wilson Sharma can help you navigate this essential legal process.
Child Support
In Georgia, both parents have a duty to support their child. Child support is paid by one parent to the other for the support and maintenance of the minor child. Georgia calculates child support by following the “income shares” model. This model takes the gross incomes of both parents. It is then determined how much each should contribute towards the support and maintenance of the minor child. In addition to gross incomes, there are a variety of factors to determine each parent’s obligation, including:
The number of overnights with each parent
Whether either parent has a prior, court ordered, child support obligation
Whether either parent has other minor children living in the home
Which parent provides health insurance for the minor child
Which parent provides work-related childcare for the minor child
Extraordinary expenses of the minor child.
The above factors will ultimately dictate each parents’ child support obligations. But, it is often a complex process to determine the parent’s incomes and which factors apply. It is important to have a team such as Bair Wilson Sharma review your income and deviations to ensure that you are either receiving or paying the correct amounts.
Department of Family and Children Services (DFCS) Proceedings
In Georgia, the Division of Family and Child Services (DFCS) is a social service meant to provide assistance to families in need. DFCS’s Child Protective Services (CPS) division is responsible for investigating claims of child abuse and/or neglect, and stepping in to remove children from a household when they deem it necessary to protect a child’s wellbeing.
If you have been accused of neglect, delinquency or abuse please do not hesitate to contact Bair Wilson Sharma, LLC today.